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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

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The new administration under President Donald Trump has moved quickly to reshape U.S. immigration policy. On Day 1, the president signed several executive orders that significantly alter prior policies, and these changes stand to impact colleges, universities and international students in far-reaching ways. While many of the orders focus on border enforcement and interior immigration controls, higher education institutions should be aware of how tightened scrutiny, the elimination or curtailment of existing programs, and new restrictions on entry and status could affect both current and prospective international students.

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This, coupled with orders that seek to eliminate diversity, equity and inclusion (DEI) initiatives in federal institutions, including public higher education institutions, has raised many questions on what the future of higher education will look like. Below, we outline the key takeaways from these executive orders and the likely effects on American higher education and the global talent pipeline on which so many U.S. colleges and universities rely.

1. Threats to Birthright Citizenship and International Families

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Among the most far-reaching actions from Day 1 was an executive order entitled “Protecting the Meaning and Value of American Citizenship,” which seeks to deny automatic citizenship to children born in the U.S. unless at least one parent is a U.S. citizen or lawful permanent resident. Almost immediately, several states challenged the measure, and on Jan. 23, 2025, a federal judge in Seattle blocked the order from taking effect, calling it “blatantly unconstitutional.”

What the Executive Order Aims to Do

Narrow the 14th Amendment’s citizenship clause: Children born after Feb. 19, 2025, whose parents lack U.S. citizenship or lawful permanent resident status, would be deemed ineligible for automatic citizenship.

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Immediate impact on families and newborns: An estimated 150,000 infants per year could be affected — among them the U.S.-born children of international students, scholars and workers in valid “temporary” statuses (e.g., F-1, J-1, H-1B, TPS, etc.).

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Legal Challenges and Higher Education Implications

Four Democratic-led states (Washington, Arizona, Illinois and Oregon) quickly challenged the birthright citizenship order, prompting a federal judge in Seattle to issue a 14-day nationwide block while calling it “blatantly unconstitutional.” Additional lawsuits from civil rights groups and other states are also pending, while legislation mirroring the executive order’s intent has been introduced in Congress. Meanwhile, colleges and universities face mounting uncertainties: If fully implemented, restricting birthright citizenship to children of U.S. citizens or lawful permanent residents would not only jeopardize the status of infants born to international students, scholars or employees in valid but temporary statuses, it could also produce a chilling effect on future enrollment and research collaborations. The resulting climate of legal and administrative complexity forces higher education institutions to remain vigilant, clarify support measures and advocate for policies that protect all members of the campus community.

2. Heightened Enforcement and Interior Checks

A separate executive order, Protecting the American People Against Invasion, broadens enforcement priorities for the Department of Homeland Security (DHS), rescinds prior prosecutorial discretion policies and expands expedited removal to those who entered the U.S. within the past two years. This raises concerns for campuses:

Student visa compliance: F-1 and J-1 students and scholars must carefully maintain status, as any minor violation or lapse could expose them to swift enforcement actions under expedited removal, particularly if they cannot reinstate their status in a timely manner.

Pressure on DSO and RO offices: Campus Designated School Officials (DSOs) and Responsible Officers (ROs) may face increased inquiries from students about maintaining status, transferring schools or navigating changes to immigration documentation.

Greater interior enforcement could also add layers of fear and complexity for international populations and campus staff who support them.

3. Possible Reinstatement of Travel Bans and “Extreme Vetting”

Trump’s Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats order lays the groundwork for designating additional countries for travel bans, reminiscent of the original “Muslim ban.” It also calls for tighter scrutiny (or “extreme vetting”) of visa applications.

Admissions impact: Students from affected regions could find themselves subjected to additional background checks or outright denied visas, undermining diversity among the student population.

Delayed processing: Longer processing times may create logistical and financial burdens for students, scholars and U.S. institutions — particularly for graduate-level research roles or teaching assistantships that begin with strict academic timetables.

4. Curtailment of Parole Programs and Reinstatement of “Remain in Mexico”

Under the Securing Our Borders order, the new administration reinstated the Migrant Protection Protocols (MPP) and ended several “categorical” humanitarian parole programs. While these moves specifically target asylum seekers and parole programs for specific nationalities, the broader signal is that the government is reducing or eliminating flexible immigration pathways, which, if expanded further, could affect:

Ability to host visiting scholars: Certain short-term programs or urgent humanitarian pathways that sometimes allow visiting researchers or scholars to enter outside standard visa categories may no longer be available.

Collaboration with overseas partners: University-led humanitarian or educational initiatives could suffer if fewer lawful entry programs exist for specific populations or in crisis contexts.

5. “America First” Directives and Possible Return of “Hire American” Provisions

Two orders — America First Trade Policy and America First Policy Directive to the Secretary of State — may revive or expand the “Buy American, Hire American” (BAHA) framework from Trump’s first administration. For higher education:

Impact on OPT and H-1B: International graduates often rely on Optional Practical Training (OPT) and, later, the H-1B visa to remain in the U.S. for work and research. Under stricter “America First” interpretations, visa eligibility and processing could become more restrictive, delaying or denying skilled individuals from transitioning to work visas, thus affecting university labs, research projects and technology transfers.

Recruitment challenges: Universities competing globally for top-tier talent could see a drop in foreign enrollments or early departures, as prospective students fear they’ll face uncertain job prospects in the U.S. after graduation.

6. Eliminating DEI Programs and Initiatives

Another executive order, Ending Illegal Discrimination and Restoring Merit-Based Opportunity,mandates that federal agencies terminate “all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements.” This orderhas already resulted in multiple federal agencies rolling back and eliminating their diversity, equity and inclusion initiatives. Just last week, the U.S. Department of Education announced that it is taking steps to eliminate its DEI initiatives. The department has since “removed or archived” hundreds of guidance documents, reports and training materials that include mentions of DEI from its public facing communication channels. The department has also placed agency employees tasked with leading DEI initiatives on administrative leave. What this means for higher education:

Loss of federal training and support programs: Among the programs that have been dissolved are the Diversity &amp; Inclusion Council, the Employee Engagement Diversity Equity Inclusion Accessibility Council (EEDIAC) and the department’s Equity Action Plan. DEI training and service contracts totaling over $2.6 million have also been cancelled.

Uncertainty as to federal funding for colleges and universities that continue to use or promote certain policies and practices: Future guidance is expected from the Attorney General and the Secretary of Education on how all state and local educational agencies, as well as institutions of higher education that receive federal grants or participate in the federal student loan assistance program, will implement measures and practices in line with <a href="https://www.wnj.com/updates/scotus-strikes-down-affirmative-action/">Students for Fair Admissions, Inc. v. President and Fellows of Harvard College</a>, the Supreme Court case which struck down affirmative action in college admission systems as unconstitutional.

Advocacy will continue under First Amendment protection: The order states that federally funded state and local educational agencies and institutions of higher education will not be prevented from engaging in First Amendment-protected speech, such as advocating for, endorsing or promoting DEI employment or contracting practices.

Potential Consequences for Higher Education

Reduced Global Competitiveness: Many of the above changes undermine the U.S. as a top destination for international students. Stricter visa regimes and uncertain post-graduation pathways may send talented students and researchers to more welcoming nations.

Financial and Academic Repercussions: International students contribute significantly to tuition revenue, campus cultural diversity and advanced research — especially in STEM fields. A decline in enrollment or abrupt departures could affect universities’ revenue, lab work and overall academic prestige.

Administrative Burden: Institutions must invest in broader, more proactive international student support services, legal guidance and compliance tracking to protect their students and faculty from potential immigration pitfalls.

Heightened Liability and Ethical Concerns: Universities could face ethical and legal dilemmas if pressed to share data or coordinate with local and federal agencies during enforcement actions, raising questions about student privacy rights and campus policies.

Moving Forward: What Institutions Can Do

Educate and Inform: University administrators, international student offices and department heads should provide up-to-date guidance to international students, including visa compliance tips, travel advisories and resources for legal counsel.

Advocacy and Coalition Building: Work with higher education associations (e.g., ACE, NAFSA) and local business or civic groups to advocate for policies that support international students and scholars.

Plan for Contingencies: Develop strategies to handle sudden immigration status changes — such as emergency funds, housing or online alternatives for students who may be unable to return to campus from abroad.

President Trump’s Day 1 executive orders represent more than just a reshaping of U.S. immigration policy — they carry broader ramifications for higher education and the inclusive values many institutions champion. Alongside directives that restrict visa availability or tighten immigration enforcement, new policies that reduce support for diversity, equity and inclusion initiatives pose significant challenges to universities striving to cultivate a welcoming environment for all students, faculty and staff.

By denying certain forms of gender recognition, institutions may find themselves forced to comply with federal regulations and at odds with their own DEI principles and Title IX obligations. At the same time, policies that limit birthright citizenship or discourage international enrollment jeopardize the vibrant global perspective that has long defined American campuses.

Together, these orders create an atmosphere of uncertainty that could deter not only international scholars, but also those who value open, diverse, academic communities. Higher education leaders have a vital role to play in navigating these policy shifts — ensuring compliance with the law while preserving the inclusive, collaborative spirit that fuels innovation and critical inquiry. By prioritizing robust support systems, advocating for reasonable reforms and clearly communicating institutional values, universities can continue to uphold their mission to educate, inspire and engage students from all walks of life.

Warner’s immigration and higher education attorneys will keep you updated on the evolving regulatory landscape and its impact on you and your institution. For more information and assistance with the implications of these executive orders, reach out to Sarah Bileti, Janelle Shankin, Katrin Kelley or a member of Warner’s Higher Education Industry Group.

Higher Education

Senior Counsel

Sarah R. Bileti

Associate

Katrin B. Kelley

Janelle E. Shankin

Immigration

Litigation and Dispute Resolution

Trump’s Day 1 Immigration and DEI Executive Orders: What They Mean for Higher Education and International Students

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Trump’s Day 1 Immigration and DEI Executive Orders: What They Mean for Higher Education and International Students

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